The American Judicial System: A System Based on Advocacy and the Presence of Act
ID: 357049 • Letter: T
Question
The American Judicial System: A System Based on Advocacy and the Presence of Actual Controversy A delegation from France, a civil law country, is touring your company. Your visitors are interested in learning more about the American legal system and the formation of the common law. In a cohesively written, multi-paragraph essay, explain how the role of courts differs in countries with a common law versus a civil law tradition. Make sure you explain how US courts make law, what we mean by precedent, and why the doctrine of stare decisis has been so fundamental to the development of the U.S. legal tradition. Develop a response that includes examples and evidence to support your ideas, and which clearly communicates the required message to your audience. Organize your response in a clear and logical manner as appropriate for the genre of writing. Use well-structured sentences, audience-appropriate language, and correct conventions of standard American English.
Explanation / Answer
The main difference between common law and civil law is that in common law published judicial opinions are the source of law which can be changed with time and as per requirement while in case of civil law there is codified statutes and laws rule the land. In common law, court and lawyers make rulings and Judges decide the matter of law. Sometimes when jury is absent, they themselves inquire into the matter and after finding facts take the decision. On the other hand in civil law, Chief investigator make rulings and Judges Role is to look after the facts of the case and apply to the provisional law. The judges also responsible c=sometimes for the formal charge of the case.
The US courts follow the common law and sometimes the court also rely on the previously decided cases to form opinion on current cases which is called Precedent. However, the court will see the facts difference of both the cases and if substantial difference found court may not follow the precedent case. Stare Decisis is a legal Doctrine stating that court should follow the precedent cases for deciding the similar circumstances case. It is very important in US federal Law as it is allowing America to build cases and make the legal system as a more strong common law system. The famous case of Smashed Grapes which is found very similar to slipped spot case, where in both the cases no grocery store employee have any reasonable chance to discover that grapes were potential problem. The judges may feel that same rules may not apply as the grocery store should not be held responsible for any damage caused to the situation.
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